is it legal to interview redundant people first for new positions?

[wonga78]

Only if the redundant candidates are not suitable will it be open to everyone in the company. Is this legal as it does not appear fair to company employees who have appropriate skills?

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

The company has a duty to attempt to secure suitable alternative employment and it is very common for those "at risk" of redundancy to be given priority in recruitment.

[wonga78]

Re: is it legal to interview redundant people first for new positions?

Employees that were not made redundant were mapped into a new team. A new manager position was created. In this situation it is an advantage to be redundant as you are first in line, existing employees are overlooked regardless even if they have the best skills for manager position ?

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

I'm not quite sure what you are asking.

An employee at risk of redundancy has a right to be considered for other vacancies that may be suitable for them and a dismissal by reason of redundancy can be unfair if that suitable vacancy is not offered to them, provided they meet the requirements of the job.

To that extent only, yes, they are at an advantage over employees who are not at risk of redundancy.

[Amethyst]

Re: is it legal to interview redundant people first for new positions?

I think it's that a lot of people were made redundant, those that remained formed a new department, the company decided they needed a manager for this new department, and instead of recruiting from the people who had been retained to form the new department, they are recruiting only from the people who have been made redundant.

( ie. Wonga is in the new dept and escaped redunandancy, but wants to apply for the job of manager of the new dept but can't because he wasn't made redundant )

[wonga78]

Re: is it legal to interview redundant people first for new positions?

( ie. Wonga is in the new dept and escaped redunandancy, but wants to apply for the job of manager of dept but can't because he wasn't made redundant )

Thank amethyst. .that is very well put...yes I cant apply and nor can anyone who remained in the new structure...seems unfair but legal?

[Amethyst]

Re: is it legal to interview redundant people first for new positions?

Seems incredibly unfair to me, and I'm sorry I don't know the answer.

[Johnboy007]

Re: is it legal to interview redundant people first for new positions?

Your employer might offer you ‘suitable alternative employment’ within your organisation or an associated company.
Whether a job is suitable depends on:

• how similar the work is to your current job
• the terms of the job being offered
• your skills, abilities and circumstances in relation to the job
• the pay (including benefits), status, hours and location

Your redundancy could be an unfair dismissal if your employer has suitable alternative employment and they don’t offer it to you.

Now you know why the employer has to offer any job to those made redundant first (assuming they are suitable for the job)

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

I don't think it is especially unfair, OP has secured their employment and the employer is continuing to search for suitable alternatives for those who remain at risk of redundancy.

But thanks for clarifying amethyst, my brain must be mush this morning!

[wonga78]

Re: is it legal to interview redundant people first for new positions?

Thanks for the responses – they have helped clarify my position, which unfortunately does not look great. If we take redundancy aside & a new manager role was created, we can assume both myself & the at risk candidate would apply & the role be given to the most suitable. This would be fair process.

Under the current situation this is not going to happen as he is clearly at a significant advantage of securing this position as I have effectively been taken out of the running. It is therefore true that companies do not offer jobs to people with the most suitable skills & experience – they can legally offer a job to a person at risk of redundancy who has the relevant skills & experience – but who may not be the best candidate.

Specifically – do I have a right to be considered?

…i.e. can they consider & then offer a job to the at risk person WITHOUT considering me by way of a formal interview?

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

Yes, as I kept saying they have a duty to attempt to secure suitable alternative employment to at risk staff.

If they fail to offer a suitable vacancy they can find themselves on the wrong end of an unfair dismissal action.

In those circumstances, sorry but you have no right to be considered

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

Yes, as I kept saying they have a duty to attempt to secure suitable alternative employment to at risk staff.

If they fail to offer a suitable vacancy they can find themselves on the wrong end of an unfair dismissal action.

In those circumstances, sorry but you have no right to be considered

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

Yes, as I kept saying they have a duty to attempt to secure suitable alternative employment to at risk staff.

If they fail to offer a suitable vacancy they can find themselves on the wrong end of an unfair dismissal action.

In those circumstances, sorry but you have no right to be considered

[stevemLS]

Re: is it legal to interview redundant people first for new positions?

Oops, sorry, the site kept hanging, apologies for triplicate post!

[wonga78]

Re: is it legal to interview redundant people first for new positions?

Based on the above – the “at risk” person has been offered & accepted the manager role as he has been deemed to have the required skillset. To diffuse the situation of me having to report into a less competent person – I have been conveniently “transferred” to another team. I accepted this as I felt I had no choice & was not going to accept reporting into a less competent person. Management had anticipated the current situation & had unofficially approached me to move teams several weeks ago.

However what is now (predictably) happening is that he cannot perform the core duties of the job & I am being asked to “double hat” and basically carry out these duties myself in addition to my new role.

Whilst I accept that they were legally able to give him the role based on his “at risk” status & (in their eyes) having the required experience/skillset- I am (obviously) unhappy with essentially being asked to carry out the core duties of his role. Any perceived failure on my part to help out (which basically means do his job) is starting to be construed as unhelpful and as not being a team player whilst we transition to a new structure. Where do I now stand legally?